Erica Hampton v. The State of Texas--Appeal from 114th District Court of Smith County

Opinion filed February 8, 2007

In The

Eleventh Court of Appeals

__________

   No. 11-06-00275-CR

__________

  ERICA HAMPTON, Appellant

V.

STATE OF TEXAS, Appellee

On Appeal from the 114th District Court

Smith County, Texas

Trial Court Cause No. 114-0714-06

O P I N I O N

This is an appeal from a judgment adjudicating guilt. Erica Hampton originally entered a plea of guilty to the offense of aggravated assault with a deadly weapon. A plea bargain agreement was not entered. The trial court deferred the adjudication of guilt and placed appellant on community supervision for eight years. At the hearing on the State=s motion to adjudicate, appellant entered a plea of true. The trial court found that appellant had violated the terms and conditions of her community supervision, revoked her community supervision, adjudicated her guilt, and imposed a sentence of confinement for fifteen years and a $5,000 fine. We affirm.

Appellant=s court-appointed counsel has filed a motion to withdraw. The motion is supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and states that she has concluded that the appeal is frivolous. Counsel has provided appellant with a copy of the brief and advised appellant of her right to review the record and file a response to counsel=s brief. A response has not been filed. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); Eaden v. State, 161 S.W.3d 173 (Tex. App.CEastland 2005, no pet.).

Following the procedures outlined in Anders, we have independently reviewed the record, and we agree that the appeal is without merit. We note that counsel has the responsibility to advise appellant that she may file a petition for discretionary review by the Texas Court of Criminal Appeals. Ex parte Owens, 206 S.W.3d 670 (Tex. Crim. App. 2006). Likewise, this court advises appellant that she may file a petition for discretionary review pursuant to Tex. R. App. P. 66.

The motion to withdraw is granted, and the judgment is affirmed.

PER CURIAM

February 8, 2007

Do not publish. See Tex. R. App. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.